Design Patents

Design patents may be granted to any person who has invented any new and non-obvious ornamental shape or design for an article of manufacture. Unlike utility patents, design patents do not protect functional features. Design patents protect only the appearance of an article to the extent that it is decorative and not essential to the function of the article. The figures in a design patent are intended to illustrate the essence of what is claimed; so there is very little descriptive text provided.

The process of obtaining design patents is similar to that of utility patents with a few differences. For instance, the patent office fees associated with design patents are lower than those associated with utility patents. In addition, no fees are necessary to maintain a design patent in force, as is true of utility patents. The term of a design patent is 14 years from its issue date.

A design patent has a short specification, a number of drawings, and only one claim, which generally refers to the ornamental design depicted in the drawings. Published applications and issued patents may be viewed, and more information obtained, on the patent office website at www.uspto.gov.

Additional Patent Information:

• Design Patents protect the ornamental shape or external design of an article of manufacture.
• A Primer on the Utility Patent Process in the United States. This is a narrative description of what a client might experience in working with a patent attorney to obtain a utility patent in the United States.
• Patent Screening Search for assessing patentability of an invention.
• Patent Opinion: The patent opinion concludes with its “opinion” as to the patentability of the invention based on the patent search results.
• Patent Plant: Plant patents are a relatively rare, specialized type of patent for protecting new and non-obvious species of plants.
• Patent Prosecution: Patent prosecution refers to the process of applying for a US patent and having the patent examined by the US Patent Office
• Patent Validity: The first step in determining the validity of a patent is to check whether the patent term has expired or the maintenance fees have not been paid.
• Provisional Applications for Patent: A provisional application for patent is a temporary application that offers a relatively quick and less expensive way (relative to a utility patent application) to officially file an invention disclosure with the U.S. patent office.
• Invention Disclosure Form for Utility/Provisional Patent
• Invention Disclosure Form for Design Patent